TERMS AND CONDITIONS
LAST UPDATED 01/01/2022
NO PURCHASE IS NECESSARY TO ENTER OR BE SELECTED. A PURCHASE DOES NOT INCREASE THE CHANCES OF BEING SELECTED.
1. Eligibility: This Campaign is open only to those who sign up at the entry website and who are 18 years and older as of the date of entry. If you have been selected as an applicant, or taken advantage of another Ever After Portraits offer, special, or promotion within the past 365 days, you are not eligible to be selected. The Campaign is only open to legal residents of United States, and is void where prohibited by law. Employees of Ever After Portraits, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Participant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Ever After Portraits as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online. All online entries must be received by December 31st, 2020.
4. How to Enter: The Campaign must be entered by submitting an entry using the online form provided at entry website. The entry must fulfill all Campaign requirements, as specified, to be eligible to be selected. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Ever After Portraits.
You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Ever After Portraits.
5. Prizes: The Chosen Applicant for the Campaign (the “Chosen Applicant”), will receive an Ever After Portrait Session and Artwork for your home. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Ever After Portraits. No cash or other prize substitution shall be permitted except at Ever After Portraits discretion. The prize is non transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Chosen Applicant. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Chosen Applicant is permitted. Acceptance of prize constitutes permission for Ever After Portraits to use Chosen Applicant’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Multiple campaigns may be run and multiple prizes, both grand prize and runner up prizes may be awarded at Ever After Portrait’s sole discretion.
6. Odds: The odds of being selected depend on the number of eligible entries received.
7. Chosen Applicant Selection and Notification: Chosen Applicant will be selected by a random drawing under the supervision of Ever After Portraits. Chosen Applicant will be notified by means of letter, telephone and email within five (5) days following selection of Chosen Applicant. Ever After Portraits shall have no liability for Chosen Applicant’s failure to receive notices due to spam, junk e-mail or other security settings or for Chosen Applicant’s provision of incorrect or otherwise non-functioning contact information. If Chosen Applicant cannot be contacted, is ineligible, fails to claim the prize within 10 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Chosen Applicant selected. Receipt by Chosen Applicant of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY CHOSEN APPLICANT (AT Ever After Portraits SOLE DISCRETION) WILL RESULT IN CHOSEN APPLICANT’S DISQUALIFICATION AS CHOSEN APPLICANT OF THE CAMPAIGN, AND ALL PRIVILEGES AS CHOSEN APPLICANT WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this contest or providing content (e.g., photo, video, text, etc.), You understand and agree that Ever After Portraits, anyone acting on behalf of Ever After Portraits, and Ever After Portraits’ licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent.
By entering content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Ever After Portraits. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Ever After Portraits from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Ever After Portraits may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: Ever After Portraits reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Ever After Portraits’ control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Ever After Portraits may select the Chosen Applicant from all eligible entries received prior to and/or after (if appropriate) the action taken by Ever After Portraits. Ever After Portraits reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Ever After Portraits has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Ever After Portraits reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless Ever After Portraits and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF United States AND Virginia, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Virginia having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
13. Chosen Applicants List: To obtain a copy of the Chosen Applicant’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Ever After Portraits. Requests must be received no later than January 30th, 2021.
14. Sponsor: The Sponsor of the Campaign is Ever After Portraits
15. Facebook: The Campaign hosted by Ever After Portraits is in no way sponsored, endorsed, administered by, or associated with Facebook.
16. Our artists reserve exclusive studio time to provide you with our very best, personalized one-on-one service while we create your family’s artwork. So that we may accommodate you with the level of service you deserve, we do require a FULLY REFUNDABLE HOLDING FEE of $150. This is to secure your portrait session and is refunded to you at your appointment. We require 14 days notice to reschedule your portrait session. The holding fee is not refundable for permanently cancelled appointments. Failure to show without notice will result in forfeiture of your prize and holding fee.
17. Due to the current global outbreak of Covid-19 (also known as the Corona Virus, Coronavirus, Novel Corona Virus, SARS-CoV-2), the Photographer withholds the right to cancel or reschedule sessions without notice, limitation or justification. This is in line with the current WHO, CDC and Government recommendations in handling and containing the virus.
The client is expected to comply with current hygiene and safety advice recommended by health services and also must agree to and abide by any additional hygiene terms the photographer may send to the client prior to the session.
In the event the Photographer becomes unwell and is prevented from carrying out the booked session, the Photographer will make every effort to reschedule the session. If this is not possible, the client will receive their holding fee in full.
In the event the Client becomes unwell and cannot attend the photography session, the Photographer and Client will make every effort to reschedule the session. If this is not possible, the client will receive their holding fee in full.
If anyone attending the session (including but not limited to: the Client, the Client’s child or anyone else) appears to have symptoms of the virus (including but not limited to: a cough, fever or respiratory symptoms, mild or otherwise) they will be asked to leave immediately, and the session will be halted without notice or restriction. If anyone in the Client’s household becomes unwell with respiratory symptoms (as listed above), the Client has a duty to make the Photographer aware of this prior to the session. Failure to do so could result in termination of the contract and in spread of the disease.